CLA-2 CO:R:C:T 957059 SK
KIU Kintetsu Intermodal (U.S.A.) Inc.
711 Glasgow Avenue
Inglewood, CA 90301
RE: Partial revocation of HRL 086337 (4/19/90); classification of
shielded fabric; classification in heading 5911, HTSUSA, mandates
that the fabric be for "technical use"; the fabric must also be
one of the fabrics enumerated in Note 7(a)(i)-(vi) to Chapter 59;
HRL 956956 (9/23/94); HRL 952421 (5/14/93); shielded fabric used
in wall coverings, drapery, upholstery and clothing is not for
technical use.
Dear Ms. Lopez:
On April 19, 1990, Customs issued you Headquarters Ruling
Letter (HRL) 086337 in which this office classified various
shielded fabrics under subheading 5407.60.2025 of the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), which
provides for, inter alia, woven fabrics of synthetic filament
yarn. In that ruling Customs determined that as the subject
fabric was not for technical use, classification was precluded
from heading 5911, HTSUSA. Upon review, that determination is
deemed to be partially in error. Our analysis follows.
FACTS:
Three samples are at issue. Sample A is woven from filament
polyester man-made fibers which are then subjected to an
electroless plating process which coats the fabric with copper.
The fabric is constructed of a tight 50 denier weave with a 96+/-3 x 84+/-3 count, and has a finished weight of 76 grams per
square meter with a metal content of 30 percent by weight.
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Sample B is also woven from filament polyester man-made
fibers. These fibers are then subject to an electroless plating
process which coats the fabric with copper and nickel. This
fabric has a similar construction to Sample A.
Sample C is made of Sheer Shield (TM) fabric, a woven mesh
of uniform and extremely fine polyester monofilaments. This
fabric is plated with copper and then coated with black acrylic
resin (plastic) to reduce glare.
These materials will be used, inter alia, for bonding
straps, cables and connectors, for use in conductive gaskets,
protective clothing for various industries and shielded
environments (i.e., tents and draperies) and for wall coverings
and upholstery.
ISSUE:
Whether the subject metallized shielded fabrics are
classifiable as technical fabrics of heading 5911, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides that classification will be determined by the
terms of the headings, and any relative section or chapter notes.
Chapter 5911, HTSUSA, provides for textile products and
articles for technical uses so long as they are specified in Note
7 to Chapter 59. Note 7 to Chapter 59 reads:
"Heading 5911 applies to the following goods, which do not
fall in any
other heading of Section XI:
(a) Textile products in the piece, cut to length or simply
cut to rectangular
(including square) shape (other than those having the
character of the
products of headings 5908 to 5910), the following
only:
(i) Textile fabrics, felt and felt-lined woven
fabrics, coated, covered or laminated with rubber,
leather or other material, of a kind used for
other technical purposes;
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(ii) Bolting cloth;
(iii) Straining cloth of a kind used in oil presses or
the like, of textile
material or human hair;
(iv) Flat woven textile fabric with multiple warp or
weft, whether or not
felted, impregnated or coated, of a kind used in
machinery or other
technical purposes;
(v) Textile fabric reinforced with metal, of a kind
used for technical purposes;
(vi) Cords, braids and the like, whether or not
coated, impregnated or
reinforced with metal, of a kind used in industry as
packing or lubricating materials.
(b) Textile articles (other than those of headings 5908 to
5910) of a kind used
for technical purposes (for example, textile fabrics
and felts, endless or fitted with linking devices), of a
kind used in paper-making or similar machines (for
example, for pulp or asbestos-cement), gaskets,
polishing discs and other
machinery parts)."
In order for a fabric to be classifiable in heading 5911,
HTSUSA, two prerequisites need be met: 1) the fabric must be one
of the fabrics enumerated in Note 7(a) (i) through (vi); and 2)
the fabric must be for technical use.
In the instant case, all of the fabrics consist of woven and
nonwoven nylon covered with copper, copper and nickel, or copper
and acrylic resin. As such, the subject fabrics are enumerated
in Note 7(a)(i) to Chapter 59 in that they have been "coated,
covered or laminated with rubber, leather or other material"
[emphasis added].
It is this office's opinion that some of the shielded
fabrics at issue in HRL 086337 satisfy the second prerequisite
for classification in heading 5911, HTSUSA, which requires that
the fabric be for technical use. To the extent that the subject
fabrics are used in electrical or mechanical machinery or
apparatus (for use in gaskets, panels, glare shields and for use
in bonding straps, cables and connectors), they are deemed to be
for technical use. This office has previously determined that
similar fabric, used in the manufacture of EMI and glare
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shields for video display terminals, was deemed "for technical
use." See HRL 952421, dated May 14, 1993. See also HRL 956956,
dated September 28, 1994, in which this office classified similar
fabric used in the manufacture of shielding gaskets as technical
fabric of heading 5911, HTSUSA. We note that the subject fabric
which is used as wall coverings, upholstery, window draperies,
tents or protective clothing is not deemed for technical use and
classification will be precluded from heading 5911, HTSUSA.
The shielded fabric in HRL 086337 which is used in
electrical or mechanical machinery or apparatus (for use in
gaskets, panels, glare shields and for use in bonding straps,
cables and connectors), is classifiable under subheading
5911.10.2000, HTSUSA, which provides for, inter alia, coated
textile fabrics for technical use.
The shielded fabric in HRL 086337 which is used for wall
coverings, upholstery, window draperies, tents or protective
clothing is not deemed for technical use and classification is
proper under subheading 5407.60.9925, HTSUSA, (the successor to
subheading 5407.60.2025 under the current HTSUSA).
HOLDING:
HRL 086337 is partially revoked.
The subject textile fabrics (metallized shielded fabrics)
plated with either copper, a copper/nickel combination, or copper
and acrylic resin, that are used in electrical or mechanical
machinery or apparatus (for use in gaskets, panels, glare shields
and for use in bonding straps, cables and connectors), are
classifiable under subheading 5911.10.2000, HTSUSA which provides
for, "[T]extile products and articles, for technical uses,
specified in note 7 to this chapter: textile fabrics, felt and
felt-lined woven fabrics, coated covered or laminated with
rubber, leather or other material, of a kind used for card
clothing, and similar fabrics of a kind used for other technical
purposes: other... ," dutiable at a rate of 7.1 percent ad
valorem.
The shielded fabric used for wall coverings, upholstery,
window draperies, tents or protective clothing in HRL 086337 is
not deemed for technical use and classification remains under
subheading 5407.60.9925, HTSUSA, (the successor to subheading
5407.60.2025 under the current HTSUSA) which provides for,
"[W]oven fabrics of synthetic filament yarn, including woven
fabrics obtained from materials of heading 5404: other woven
fabrics, containing 85 percent or more by weight of non-textured
polyester filaments: other: other...
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dyed: weighing not more than 170 grams per square meter: flat
fabrics." The applicable rate of duty is 16.8 percent ad valorem
and the textile category is 619.
In accordance with section 625, this ruling will become
effective 60 days from its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance
with section 177.10(c)(1), Customs Regulations (19 CFR
177.10(c)(1)).
Sincerely,
John Durant, Director
Commercial Rulings Division